U.S. Supreme Court Ruling on Proposition 12 Expected in Early 2023

The President of the National Pork Producers Council says the U.S. Supreme Court has a lot to go over as it considers the constitutionality of California’s Proposition 12

Representatives of the National Pork Producers Council and the National Farm Bureau Federation presented oral arguments last week in their case to the Supreme Court of the United States against California’s Proposition 12, a ballot initiative passed in 2018 that bans the sale of pork in that state not raised in accordance with that state’s requirements.

Terry Wolters, the President of the National Pork Producers Council, says the judges were very well versed, very prepared and had some extremely pointed questions.

“It’s unconstitutional for California to regulate commerce outside of its state so we primarily felt like the case was brought on behalf of the pork producers” 

“Since this rule was passed in 2018 we really have been arguing that under the Dormant Commerce Clause, it’s unconstitutional for California to regulate commerce outside of its state.
We primarily felt like the case was brought on behalf of the pork producers.

“It is much broader than just agriculture.

“While we were talking largely about pork that day, we feel like it challenges or jeopardises all of commerce across many states.

“There were conversations about potential labelling, there were questions about whether California was trying to bully the rest of the states, there were questions that dealt with, potentially if this was to stand what other aspects or subjects would be brought forward and could additional restrictions like wage laws or if your employees are vaccinated, questions that really got very pointed about how these propositions and referendums would actually impact commerce in other states.“

Wolters acknowledges the Supreme Court justices have a lot to consider.  He anticipates a ruling a ruling in January or February of next year.

 

Farmscape is produced on behalf of North America’s pork producers